Kunkel Plumbing and Heating Company v. Estes

IRWIN, Justice.

This is an action for a money judgment on a written contract which plaintiff alleged it entered into with defendant for the sale and installation of a heating unit in defendant’s new home. Plaintiff alleged it had fully complied with the terms of the contract and there was due and owing $800, the amount specified in the contract, all of which defendant neglected and refused to pay.

Defendant answered alleging both express warranties and implied fitness; violation of both warranties because the heating unit did not function properly. Defendant also filed a cross petition alleging…